This petition is directed against judgment dated 27.01.2010 passed by Syed Muzaffar Ali Shah, learned Addl. District Judge, Gojra, whereby he modified the decree dated 01.7.2009 passed by Mr. Yasir Hayat, Judge Family Court, Gojra.
2. Mst. Fouzia Tasneem filed a suit for maintenance and dowry articles, which was contested by the defendant controverting the allegations and the learned Court of first instance out of the pleadings of the parties framed necessary issues. The evidence recorded thereon was duly appreciated and vide decree dated 01.7.2009 maintenance for the wife at the rate of Rs.3000/- per month from the date of institution of the suit till the divorce was granted while the maintenance for the minor was fixed at the rate of Rs.1500/- per month with annual increase of 5%. The claim of dowry articles was decreed to the extent of Rs. 100,000/- the value of the articles.
3. The defendant being dissatisfied with the decree preferred an appeal before the First Appellate Court, who modified the decree by allowing maintenance to the wife at the rate of Rs.3000/- per month w.e.f. 24.02.2005 till the divorce and granted a decree of the value of the dowry articles as prayed for vide judgment impugned in the instant petition.
4. None has appeared at the call of the case from the respondent, as such ex-parte proceedings have been taken against the respondent. Ex-parte arguments of the petitioner have been heard and record perused.
5. Learned First Appellate Court while granting the decree as a whole of the dowry articles has proceeded against the evidence on record on the ground that although the provisions of Qanun- e-Shahadat Order, 1984 are not applicable to the family matters as enunciated in Section 17 of the West Pakistan Family. Courts Act, 1964, but general principles for proving a fact are applicable in every case where the special procedure is not provided for proving certain aspects of the case.
Mere narration of a person that certain articles were given to respondent at the time of her marriage cannot be treated as gospel's truth as it has to be checked whether the assertions have been proved in accordance with the rules of prudence. The Court has wrongly believed the statements of the witnesses of the respondent in this respect. The learned Court at the first instance after appreciating the whole evidence on record had determined the value of the dowry articles given to the respondent at the time of her marriage. It has also kept in mind by the Court that the articles also suffered wear and tear due to their use and accordingly granted a decree of Rs. 100,000/-, the value of the dowry articles. In the circumstances the findings of the First Appellate Court are contrary to the evidence on record as such are liable to be set aside.
6. For the foregoing reasons, this petition is allowed by declaring the impugned order as illegal and of no legal consequences, resultantly is set aside. The order passed by the learned Judge Family Court is restored accordingly.